Section 16 of this bill: (1) establishes certain requirements for the structural inspection of the primary load-bearing system of a residential building in a common-interest community that meets certain criteria relating to height and materials and techniques of construction, defined as a “covered building” in section 5 of this bill; and (2) imposes certain duties on a structural inspector who performs such a structural inspection. Section 16 also: (1) prohibits a certificate of occupancy to be issued for a covered building until a structural inspector confirms that the primary-load bearing system of the building conforms to approved construction plans; (2) authorizes the office of a city or county building official to recover any additional cost incurred as a result of such structural inspections; and (3) requires the governing body of certain cities and counties to adopt ordinances to carry out these provisions. Section 17 of this bill sets forth certain periods by which an owner of a covered building is required to retain a structural inspector to perform certain structural inspections of the building components of the primary load-bearing system of a covered building. Section 57 of this bill requires the owner of a covered building to retain a structural inspector to perform such a structural inspection of the building components of the primary load-bearing system of a covered building for which a certificate of occupancy was issued before the date on which certain provisions of this bill become effective. Section 18 of this bill provides that a structural inspection may be performed in conjunction with any other required inspection. Section 19 of this bill requires a structural inspector, before undertaking a structural inspection of a covered building, to review the written report from the most recent structural inspection of the covered building. Sections 20, 31 and 32 of this bill require a structural inspector who has performed a structural inspection to issue a written report and sets forth certain requirements for that report, including, without limitation, requiring the report to be: (1) filed with, or provided or made available to, certain persons; and (2) included within a public offering statement of a common-interest community and a resale package. Section 21 of this bill imposes certain duties on the owner of a covered building who receives a written report of a structural inspection. Section 22 of this bill requires the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations relating to structural inspections. Sections 3-6, 8-13 and 23 of this bill define certain words and terms for the purposes of such inspections. Sections 15 and 26 of this bill: (1) authorize the executive board of an association to make assessments for certain corrective repairs; and (2) require an association to establish reserves for corrective repairs. Section 27 of this bill requires the study of reserves of an association to include an estimate of the costs associated with implementing any corrective repairs deemed necessary pursuant to a written report of a structural inspector. Section 24 of this bill revises certain provisions for the applicability to certain planned communities of words and terms defined in sections 2-14 of this bill and provisions governing structural inspections in sections 15-22 of this bill. Existing law requires a declarant of a common-interest community to deliver to an association certain property of the units' owners and of the association held or controlled by the declarant. (NRS 116.31038) Section 25 of this bill eliminates the requirement that the declarant deliver a copy of any plans and specifications used in the construction of the improvements in the common-interest community which were completed within 2 years before the declaration was recorded. Section 25 requires the declarant to deliver: (1) a copy of any plans and specifications used in the construction of the improvements to common elements in the common-interest community; and (2) for any covered building, a manual of preventive maintenance relating to the common elements with a statement of the funds necessary to perform the preventive maintenance in accordance with the schedule provided in the manual. Existing law: (1) prohibits certain persons within a common-interest community from committing certain acts against another person within that same common-interest community; and (2) provides that committing any such act is a misdemeanor. (NRS 116.31184) Section 30 of this bill includes bullying and cyber-bullying among the prohibited acts. Sections 2 and 7 of this bill define the terms “bullying” and “cyber-bullying” for the purposes of such prohibitions. Section 14 of this bill revises the definition of the term “violation” to include violations of such new prohibitions for the purposes of authorizing investigations and remedial and disciplinary action, and section 59 of this bill repeals the existing definition of the term “violation.” Sections 33, 38-40 and 44 of this bill make conforming changes to eliminate references to the repealed definition of the term “violation.” Existing law sets forth procedures by which: (1) a person who is aggrieved by an alleged violation may file a written affidavit with the Real Estate Division of the Department of Business and Industry; (2) the Division is required, except under certain circumstances, to refer the affidavit to the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels for guidance and a report; and (3) the Division investigates the alleged violation, files a formal complaint with the Commission and schedules a hearing. (NRS 116.760, 116.765) Section 41 of this bill requires the Division to refer the affidavit to the Ombudsman if the Division determines that: (1) the allegations in the affidavit are not vexatious, misleading, retaliatory, frivolous, false or fraudulent; and (2) the alleged violation, if assumed to be true, would constitute a violation. Section 42 of this bill requires the Administrator of the Division to file a formal complaint with the Commission and schedule a hearing if, after receiving a report from the Ombudsman and investigating the alleged violation, the Division reasonably believes that: (1) the allegations in the affidavit are supported by probable cause; (2) the admissible evidence is sufficient to support sanctions against the respondent by a preponderance of the evidence; and (3) a decision to file a formal complaint with the Commission is in the best interests of justice and associations in this State. Section 43 of this bill authorizes the Commission or a hearing panel to prohibit a respondent from serving on the executive board of an association for a period not to exceed 10 years under certain circumstances. Existing law requires the executive board of an association to provide, upon the written request of a unit's owner, a copy of certain records in electronic format at no cost to the unit's owner. (NRS 116.31175) Section 28 of this bill: (1) authorizes the executive board to charge a fee to cover the actual costs of preparing a copy of the records in electronic format, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter; (2) revises the amount an executive board may charge a unit's owner to review any books, records, contracts or other papers of the association; and (3) provides that the requirement to provide a copy of records to a unit's owner does not apply to the personnel records of the employees of the association, including, without limitation, information relating to the salaries and benefits of the employees and other information concerning the employees. Existing law: (1) prohibits an executive board, a member of an executive board, a community manager or an officer, employee or agent of an association from taking, or directing or encouraging another person to take, any retaliatory action against a unit's owner under certain circumstances; and (2) authorizes, in addition to any other remedy provided by law, a unit's owner to bring a separate action to recover compensatory damages and attorney's fees and costs of bringing the action. (NRS 116.31183) Section 29 of this bill: (1) similarly prohibits a unit's owner, tenant of a unit's owner or guest or invitee of a unit's owner or tenant of a unit's owner from taking retaliatory action against an executive board, a member of an executive board, a community manager or an officer, employee or agent of an association under certain circumstances; (2) authorizes an executive board, a member of an executive board, a community manager or an officer, employee or agent of an association to bring an action for the same remedies; and (3) provides a definition of the term “retaliatory action.” Existing law authorizes the Division to establish a program for the rendering of decisions on disputes relating to: (1) the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or (2) the procedures used for increasing, decreasing or imposing additional assessments upon residential property. Existing law also provides that a civil action based upon a claim relating to such a dispute may not be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to the program of the Division for the rendering of decisions on such disputes. (NRS 38.300-38.360) Sections 34-37 and 45-54 of this bill: (1) eliminate the authority of the Division to establish a program for the rendering of decisions on such disputes; (2) provide for such disputes to be submitted to arbitration as well as mediation; and (3) delete references to the eliminated program of the Division. Section 55 of this bill revises the definition of the term “constructional defect” for the purposes of actions for constructional defects. Section 56 of this bill authorizes a claimant in an action for constructional defects to recover any reasonable attorney's fees sufficient to place the claimant in as good a position as the claimant would have been if the constructional defect did not exist. Section 58 of this bill provides that the provisions amended in sections 55 and 56 apply to actions for constructional defects commenced before, on or after the effective date of those sections.

Statutes affected:
As Introduced: 116.003, 116.1203, 116.31038, 116.3115, 116.31152, 116.31175, 116.31183, 116.31184, 116.4103, 116.4109, 116.4117, 116.625, 116.630, 116.665, 116.670, 116.750, 116.755, 116.757, 116.760, 116.765, 116.785, 116.793, 116B.815, 116B.845, 116B.850, 38.300, 38.310, 38.320, 38.325, 38.330, 38.340, 38.350, 40.615, 40.655, 116.745
BDR: 116.003, 116.1203, 116.31038, 116.3115, 116.31152, 116.31175, 116.31183, 116.31184, 116.4103, 116.4109, 116.4117, 116.625, 116.630, 116.665, 116.670, 116.750, 116.755, 116.757, 116.760, 116.765, 116.785, 116.793, 116B.815, 116B.845, 116B.850, 38.300, 38.310, 38.320, 38.325, 38.330, 38.340, 38.350, 40.615, 40.655, 116.745